Dar al-Ifta, Egypt's official Islamic advisory body, has clarified that a wife's request for divorce due to harm from her husband does not waive her right to alimony after the divorce is finalized. According to Dar al-Ifta, requesting a divorce in such cases does not imply acceptance of the separation, as the wife is seeking to end the marriage to escape the harm inflicted upon her.
Alimony, or "متعة" in Arabic, is a payment made by the husband to his ex-wife as a form of compensation and solace for the emotional pain and hardship caused by the separation. The amount of alimony is determined based on the husband's financial situation, with the Quran stating that it should be "on the wealthy, according to his ability, and on the poor, according to his ability, a reasonable provision, a duty on the doers of good" (Quran 2:236).
Dar al-Ifta noted that Islamic scholars have differing opinions on the obligation of alimony, with some considering it a recommended practice and others deeming it a mandatory requirement. The body cited the example of the Hanafi, Maliki, and Hanbali schools of thought, which consider alimony to be a recommended practice in cases where the marriage is annulled before consummation and without a specified dowry.
However, Dar al-Ifta emphasized that for a wife to be eligible for alimony, the divorce must not be initiated by her or due to her actions. The body cited examples of situations where alimony is not owed, such as in cases of "khul" (a type of divorce initiated by the wife) or "ibra" (a type of divorce where the wife waives her rights).
Egyptian law supports Dar al-Ifta's stance, with Article 18 of the 1929 law, amended in 1985, stating that a wife is entitled to alimony if her husband divorces her without her consent or due to no fault of her own. The law specifies that alimony should be equivalent to at least two years' worth of maintenance, taking into account the husband's financial situation and the circumstances of the divorce.
Dar al-Ifta stressed that a wife's request for divorce due to harm does not imply acceptance of the separation, and therefore does not waive her right to alimony. The body cited a ruling by Egypt's Court of Cassation, which stated that a wife's eligibility for alimony is not affected by whether the divorce was initiated by her husband or by a court on her behalf.
Ultimately, Dar al-Ifta's clarification aims to provide guidance on the complex issue of alimony in cases where a wife requests a divorce due to harm. By emphasizing that such a request does not waive her right to alimony, the body seeks to ensure that women are protected and provided for in situations where they are forced to seek a divorce due to circumstances beyond their control.
Key points
- A wife's request for divorce due to harm does not waive her right to alimony.
- Alimony is a payment made by the husband to his ex-wife as compensation for emotional pain and hardship caused by the separation.
- Egyptian law specifies that alimony should be equivalent to at least two years' worth of maintenance.
